


















































State of Connecticut 

LAW RELATING TO 

Corrupt Practices at Elections 

--WITH- 

Amendments (in black lace type) 
PROPOSED BY COMMISSION 


1907 




Publication 
Approved by 
The Board of Control. 


JAN ,, J( 

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THE PRESENT CORRUPT PRACTICES 
ACT OF CONNECTICUT 

WITH PROPOSED AMENDMENTS IN 
BLACK FACE TYPE. 


An Act Concerning Corrupt Practices at Elections, 
Caucuses, and Primaries. 


Be it enacted by the Senate and House of Representatives in 
General Assembly convened: 


Chapter 280 of the public acts of 1905, is amended to read 
as follows: 

Section 1. The provisions of this act shall apply to the 
election of all officers for whom ballots shall be cast pur¬ 
suant to the provisions of Chapter 104 of the general stat¬ 
utes, as amended, and to the election of all officers to be 
voted for by the general assembly, by the board of aldermen 
or common council of any city, and by the warden and 
burgesses of any borough, to all caucuses and primary elec¬ 
tions preliminary to any such other elections, to School Dis¬ 
trict Elections, and to all candidates to be voted for at such 
elections, caucuses, and primary elections. The term “caucus¬ 
es and primary elections” shall include: (a) all meetings 
and elections held to nominate a candidate for office ortoelect 
delegates to a nominating convention; (b) nominating 




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conventions of such delegates; and (c) caucuses of mem¬ 
bers of the general assembly, of the board of aldermen or 
common council of any city, and of the warden and burgesses 
of any borough. Any person shall be deemed to be a can¬ 
didate for the office of senator of the United States for whom 
ten or more votes shall have been cast either at a legislative 
caucus, or at a regular election by the general assembly. 

Sec. 2. The term “political committee” shall include 
every committee or combination of three or more persons 
to aid or promote the success or defeat of any political party 
or principle in any such election, or to aid or take part in 
the nomination or election of any candidate for public office. 
The term “treasurer” shall include all persons appointed 
by any political committee to receive or disburse moneys to 
aid or promote the success or defeat of any such party, 
principle, or candidate. The term “political agent” shall 
include all persons appointed by any candidate before any 
such election, caucus, or primary election to assist him in 
his candidacy. No person shall act as any such treasurer 
or political agent unless, after his appointment and before 
the caucus, primary or election for which he is appointed, 
a writing designating him as such treasurer or political 
agent shall be filed with the secretary of the state, except 
that, in case the duties of such treasurer or political agent 
shall relate to any town, city, ward, borough, or school dis¬ 
trict election exclusively, or to any caucus or primary election 
preliminary thereto, such writing shall be filed with the 
town clerk of the town within which such candidate resides 
instead of with said secretary of the state. Every such writ¬ 
ing shall designate the particular period, election, caucus, 
or primary election during which such treasurership or pol¬ 
itical agency shall continue. Nothing in this act shall pre¬ 
vent the treasurer or political agent of any organization or 
candidate from being the treasurer or political agent of any 
other organization or candidate, and any candidate for pub¬ 
lic office may designate himself as his own political agent. 

Sec. 3. Any person nominated as a candidate for public 
office or a candidate for such nomination, may make a vol- 


5 


lintary payment of money to any treasurer or political agent, 
for any of the purposes permitted by this act, provided, 
however, that no person, other than such a candidate shall, 
to aid or promote the success or defeat of any political party 
or principle, or of any candidate for public office, or of any 
candidate for nomination as such, within six months 
prior to any such election make a contribution of 
money or property or incur any liability or promise any 
valuable thing to any person other than to a treasurer or 
political agent. Nothing contained in this act shall limit 
or affect the right of any person to expend money for proper 
legal expenses in maintaining or contesting the results of 
any such election. 

Sec* 4. No person other than a treasurer or political 
agent shall pay any of the expenses of any election, caucus, 
or primary election, except that a candidate may pay his 
own expenses for postage, telegrams, telephoning, station¬ 
ery, printing, expressage, and traveling; but the provisions 
of this section shall not apply to non-partisan election and 
ante-election expenses paid out of the public moneys of 
the state, or of any town, city, or other municipality. 

The payments, expenditures, promises and liabilities, 
which any candidate for nomination or election, or both, 
may make or incur directly or indirectly under this or the 
preceding section, shall not exceed in the whole fifteen dol¬ 
lars for each one thousand (or major portion thereof) of the 
registered voters qualified to vote for the office in question 
at the next preceding election therefor, except that such 
candidate may expend twenty-five dollars for said purposes; 
provided that no candidate for nomination or election to 
any office included in the provisions of this act, except offices 
the election to which is held under the provisions of Chapter 
104 of the General Statutes as amended, shall make any 
contribution, payment, expenditure, or promise, or incur 
any liability, to further his own candidacy or for any other 
political purpose, except for his own expenses for postage, 
telegrams, telephoning, stationery, printing, expressage, or 
travel. 




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No contributions or payments or favors of any kind 
shall be made or extended by or solicited from any private 
corporation or'judicial officer, except Judges o* Probate, to 
promote the success or defeat of any candidate for public 
office or of any political party or principle, or for any other 
political purpose whatever. 

Sec. 5. Subject to the foregoing limitations, it shall be 
lawful for any treasurer or political agent, in connection 
with any election, caucus, or primary election, to pay the 
following expenses: (a) of hiring public halls and music 

for conventions, public meetings, and public primaries, and 
for advertising the same by posters or otherwise; (b) of 
printing and circulating political newspapers, pamphlets, 
and books; (c) of printing and distributing ballots and 
pasters; (d) of renting rooms to be used by political com¬ 
mittees ; (e) of compensating clerks and other persons em¬ 
ployed in committee rooms and at the polls; (f) for the 
travel of political agents, committees and public speakers; 
(g) of necessary postage, telegrams, telephoning, print¬ 
ing, express and conveyance charges for carrying sick and in¬ 
firm persons to and from the polls; (h) of preparing, circu¬ 
lating and filing petitions for nomination, except that under 
sub-divisions (c) and (e) no liabilities shall be incurred or 
payments made by political agents for distributing ballots or 
pasters, or for clerks or other persons employed in com¬ 
mittee rooms or at the polls, and no liabilities shall be 
incurred by any political committee, or payments made by 
its treasurer for those purposes at any one voting district 
or precinct directly or indirectly to more than five persons 
altogether, with one additional for each two hundred voters 
there registered, and such liabilities shall be incurred and 
payments made there by only one political committee of 
any party, which shall be the committee appointed for that 
purpose under the rules and customs of that party. No 
treasurer or political agent shall incur any expense or lia¬ 
bility or make any payment for any purpose not authorized 
by this section, and every liability incurred and payment 

* 


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made shall be at a rate which is proper and reasonable and 
fairly commensurate with the service rendered. 

Sec. 6. Within fifteen days after any such election, every 
treasurer and every political agent shall , file an itemized 
sworn statement with the officer with whom his designation 
was filed as aforesaid which statement shall include the 
amount of money or property in each case received or 
promised, the name of the person from whom it was re¬ 
ceived or by whom it was promised, the amount of every 
expenditure made or liability incurred, the name of the 
person to whom such expenditure or promise was made, 
and shall clearly state the purpose for which such money 
or property was so expended or promised, separating the 
expenditures for caucuses, primaries and elections. Any 
treasurer or political agent, who shall fail to file such a state¬ 
ment within the time required, shall be fined twenty-five 
dollars for each day on which he is in default, unless he 
shall be excused by the court. 

Sec. 7. Every candidate for public office, including can¬ 
didates for the office of senator of the United States, shall, 
within fifteen days after the election at which he was a 
candidate, file with the secretary of the state, if a candidate 
for senator of the United States, representative in congress, 
or any other state, county, or probate office, or state sen¬ 
ator, but with the town clerk of the town in which he re¬ 
sides if he was a candidate for representative in the general 
assembly or for a town, city, ward, borough, or school dis¬ 
trict office, an itemized, sworn statement setting forth in 
detail all the moneys contributed, expended, or promised 
by him to aid and promote his nomination or election, or 
both, as the case may be, or for any other political purpose, 
and all existing unfulfilled promises or liabilities in that 
connection remaining uncanceled and in force at the time 
such statement is made, whether such expenditures, prom¬ 
ises, or liabilities were made or incurred before, during, 
or after such election. If no money or other valuable thing 
was given, paid, expended, contributed, or promised, and 
no unfulfilled liabilities were incurred by a candidate for 


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public office to aid or promote his nomination or election, 
or for any political purpose he shall file a statement to that 
effect within fifteen days after the election at which he was 
a candidate. Any candidate who shall fail to file such a 
statement within the time required shall be fined twenty- 
five dollars for every day on which he is in default, unless 
he shall be excused by the court. Twenty days after any 
such election the secretary of the state or the town clerk, 
as the case may be, shall notify the proper prosecuting 
officer of any failure to file such a statement on the part 
of any candidate, or treasurer or agent and within ten days 
thereafter such prosecuting officer shall proceed to pros¬ 
ecute for such offenses. 

Every unsuccessful candidate for nomination for any of 
the public offices above referred to, if he knew of his candi¬ 
dacy, shall file with the corresponding officer the same kind 
of an itemized sworn statement as is above required of can¬ 
didates for public office within fifteen days after the 
nomination in question was made, and, if he fails so to do, he 
shall be fined twenty-five dollars for each day on which 
he is in default, unless he shall be excused by the court. 

The Secretary of State, or the town clerk, as the case may 
be, shall give the same notification with reference to a fail¬ 
ure to file these notices as is above provided in case of can¬ 
didates, and the prosecuting officers shall act accordingly. 

Every delegate to a nominating convention shall within 
fifteen days after such convention, file with the town clerk 
of the town in which he resides an itemized sworn state¬ 
ment of the expenses incurred by him or on his account 
in connection with such convention and in connection with 
his appointment as delegate thereto, and shall state who 
paid them, and, if no such expenses were incurred, he shall 
so state, and, if for any such expenses paid or incurred by 
himself he has been reimbursed or promised reimbursement, 
he shall so state and by whom. 

Any delegate who shall fail to file such a statement shall 
be fined ten dollars for each day on which he is in default, 
and the proper prosecuting officer on learning thereof shall 
within ten days thereafter prosecute him therefor. 


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Sec. 8. All statements filed in accordance with the pro¬ 
visions of this act shall be preserved for fifteen months after 
the election to which they relate, and shall, during said 
period, be open to public inspection. 

Sec. 9. The Secretary of the state shall, at the expense 
of the state, provide every town clerk with blank forms suit¬ 
able for such statements. 

Sec. 10. No person elected to any office established by 
the constitution or laws of this state shall receive any sal¬ 
ary or emolument for the period during which he shall 
have failed to file such statement. 

Sec. 11. The following persons shall be guilty of corrupt 
practices and shall be punished in accordance with the pro¬ 
visions of this act: 

(a) Every person who shall directly or indirectly by him¬ 
self or by another give or offer or promise to any person 
any money, gift, advantage, preferment, entertainment, 
aid, emolument, or any valuable thing whatever for the pur¬ 
pose of inducing or procuring any person to vote or refrain 
from voting for or against any person, or for or against any 
measure at any election, caucus, convention or primary elec¬ 
tion. (b) Every person who shall, directly or indirectly, 
receive, accept, request, or solicit from any person, commit¬ 
tee, association, organization, or corporation any money, 
gift, advantage, preferment, aid, emolument, or any val¬ 
uable thing whatsoever, for the purpose of inducing or pro¬ 
curing any person to vote or refrain from voting for or 
against any person, or for or against any measure at any 
such election, caucus, or primary election, (c) Every per¬ 
son who, in consideration of any money, gift, advantage, 
preferment, aid, emolument, or any valuable thing what¬ 
soever, paid, received, accepted, or promised to the advan¬ 
tage of himself or any other person, shall vote or refrain 
from voting for or against any person, or for or against any 
measure at any such election, caucus, or primary election, 
(d) Every person, other than the political committees 
known as the national, congressional, state, town, city, ward, 


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and borough committees, who shall solicit from any can¬ 
didate for the office of elector of president and vice-presi¬ 
dent of the United States, of senator of the United States, 
of representative in congress, or of any state, county, pro¬ 
bate, town, city, ward, borough, or school district office, any 
money, gift, contribution, emolument, or other valuable 
thing for the purpose of using the same for the support, 
assistance, benefit, or expenses of any club, company, or or¬ 
ganization, or for the purpose of defraying the cost or ex¬ 
penses of any political campaign or election, (e) Every 
person who shall, directly or indirectly, pay, give, con¬ 
tribute, or promise any money or other valuable thing to 
defray, or towards defraying, the cost or expenses of any 
campaign or election to any person, committee, company, 
club, organization, or association other than to a treasurer 
or a political agent; but this sub-section shall not apply to 
any expenses for postage, telegrams, telephoning, stationery, 
printing, expressage, or traveling incurred by any candidate 
for office or for nomination thereto, so far as they are per¬ 
mitted by this act. (f) Every person who, in order to se¬ 
cure or promote his own nomination or election as a can¬ 
didate for public office, or that of any other person, shall, 
directly or indirectly, promise to appoint, or promise to se¬ 
cure or assist in securing the appointment, nomination, or 
election of any other person to any public position, or to 
any position of honor, trust, or emolument; provided, how¬ 
ever, that any person may publicly announce his own 
choice or purpose in relation to any appointment, nomina¬ 
tion, or election in which he may be called to take part, if 
he shall be nominated for or elected to any public office, (g) 
Every person who shall, directly or indirectly, by himself 
or through another person, make a payment or promise of 
payment to a treasurer or political agent in any other name 
than his own, and every treasurer or political agent who 
shall knowingly receive a payment or promise of payment, 
or enter or cause the same to be entered in his accounts, 
in any other name than that of the person by whom such 
payment or promise of payment is made, (h) Every person 


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who shall violate any of the provisions of Sections 3, 4 and 
5 of this act. 

Sec. 12. At any time within thirty days after any such 
election, any elector or voter at such election, upon giving 
bonds for prosecution as in civil actions, may present to 
any judge of the superior court a petition setting forth un¬ 
der oath, upon information or upon personal knowledge, that 
corrupt practices, contrary to the provisions of any section 
of this act, were committed at or preliminary to such elec¬ 
tion, naming the successful candidate as defendant, and 
praying that the facts alleged may be inquired into. If 
such judge shall be of the opinion that the interests of pub¬ 
lic justice require such proceeding, he shall order reason¬ 
able notice of such petition to be given the defendant and 
shall notify the chief justice of the supreme court of errors 
of such petition. The chief justice shall designate an ad¬ 
ditional judge to hear such petition in conjunction with the 
judge to whom the petition was presented, and, in case of 
the latter’s disqualification or inability, the chief justice 
shall appoint two judges to hear such petition. Such peti¬ 
tion shall be tried without a jury, and the petitioner and 
all candidates at such election shall be entitled to appear 
and be heard as parties. In case such petition relates to 
the election of electors of president and vice-president of 
the United States, a senator of the United States, a rep¬ 
resentative in congress or in the general assembly, or of 
any officer the votes for whom are to be counted by the 
state treasurer, secretary of the state and comptroller, the 
trial judges shall have no power to declare any such elec¬ 
tion to be void, but shall file their joint finding as to wheth¬ 
er or not the successful candidate, or his political agent, 
was so guilty of corrupt practices, with the secretary of the 
state, together with the transcript of the evidence. In case 
such petition relates to any other office, the trial judges 
shall file with the governor their joint decision as to wheth¬ 
er or not the successful candidate, or his political agent, 
was so guilty of corrupt practices, and as to whether or 
not such election was void as hereinafter provided. If 


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said judges differ as to whether any such candidate, in per¬ 
son or in the person of his political agent, was so guilty, 
or whether any such election was so void, they shall 
so certify to the secretary of the state, or to the 
governor, as the case may be, and they shall also file a 
transcript of the evidence with such certificate. In case 
any such joint decision so to be filed with the governor 
shall decide that any such successful candidate, so peti¬ 
tioned against, was, in person or in the person of his polit¬ 
ical agent, so guilty of corrupt practices, such election shall 
be void, except as hereinafter provided; and in case of any 
such void election, the governor shall, within ten days after 
the receipt of such decision, issue a writ for a new election 
to be held within forty days after the issuance of such writ. 

If any candidate shall have been so jointly found or de¬ 
cided to have been so guilty, in person, of corrupt practices, 
he shall be ineligible to election or appointment to any 
public office for the period of four years; but the mere 
finding or decision that his political agent was so guilty 
shall not render him ineligible to office. But where the 
trial judges or one of them shall decide or certify that any 
such successful candidate was guilty of corrupt practices 
only in the person of his agent, and that (a) no corrupt 
practice was committed by the candidate personally and 
the offense was committed contrary to his order and with¬ 
out his sanction or connivance; (b) such candidate took all 
reasonable means for preventing the commission of corrupt 
practices; (c) the offense was of a trival, unimportant, and 
limited character; and (d) in all other respects such elec¬ 
tion was free from any corrupt practice on the part of such 
candidate, and of his political agents, then the election of 
such candidate shall not be void, nor shall the candidate 
be subject to any ineligibility therefor. Costs may be 
taxed as in equity, and the trial judges shall have power 
to tax double, treble, or quadruple costs against the peti¬ 
tioner if they shall find that the allegations of his petition 
are materially untrue, and that his petition was brought 
from vexatious or malicious motives. An appeal may be 
taken on questions of law from any decision relative to the 


ineligibility to public office of any such candidate, but no 
appeal shall lie from any decision holding that any such 
election was or was not void. 

Sec. 13. Any state referee, any judge of the superior 
court, or the judge of any court of common pleas, may, 
upon the written request of any state’s attorney, prosecut¬ 
ing attorney of any criminal court of common pleas, or of 
the district court of Waterbury, conduct an inquiry as to 
w r hether any crime has been committed concerning any 
matters mentioned in such request, within the jurisdiction 
of such state’s attorney or prosecuting attorney making 
such request, and shall have power, by subpoena issued 
by him, to compel the attendance before him of any person 
as a witness; and such person, having been sworn as a wit¬ 
ness, may be examined relative to any matters under in¬ 
vestigation as aforesaid. And such referee or judge shall 
also have power, by subpoena duces tecum, issued by him, 
to compel the production before him, for examination, 
of any books or papers of any kind, or of any other thing 
which he may require in the conduct of such inquiry. Such 
referee or judge shall have power, by a capias issued by 
him, to cause any person who shall neglect or refuse to 
appear before him as a witness, having been duly sum¬ 
moned, to be brought before him; and any person in at¬ 
tendance as a witness who shall refuse to be sworn as a 
witness, or who, being sworn, shall refuse to answer any 
proper question propounded to him, and any person who. 
having been duly summoned, shall neglect or refuse to ap¬ 
pear before such referee or judge, may be adjudged guilty 
of contempt and may, by such referee or judge, be fined 
not more than twenty-five dollars, or imprisoned not more 
than thirty days, or both. 

In any proceeding held under the provisions of this or 
the preceding section no witness shall be excused from an¬ 
swering any question or producing any book, paper, or other 
thing on the ground or claim that his answer or the thing 
produced by him may tend to degrade or incriminate him 
or render him liable to a penalty or forfeiture, but his said 
answer or the thing produced by him shall not be used in 


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any proceeding against him except in a prosecution for per-/ 
jury in so testifying. 

Sec. 14. Such referee or judge, in the conduct of any 
such inquiry, may, in his discretion, employ a competent 
stenographer to take down the examination of any witness 
or witnesses, and cause the stenographic notes of such ex¬ 
amination to be transcribed and furnished to any proper 
prosecuting officer having jurisdiction of the subject-matter 
of such inquiry; and such referee or judge may require 
the attendance and assistance at any such inquiry and in 
procuring the attendance of witnesses, of any sheriff, deputy 
sheriff, state policeman, constable, or police officer, who shall 
be allowed such compensation as such referee or judge shall 
deem reasonable. 

Sec. 15. Such referee or judge shall return to the clerk 
of the superior court of the county wherein such inquiry 
is held, an account of all expenses incurred in the discharge 
of his duties, including witness fees, which account said 
clerk shall submit to the state’s attorney for such coun¬ 
ty, who shall endorse the same, if correct, or such items 
thereof as are correct, and the sums so endorsed shall be 
paid by the state on an order therefor by such clerk. 

Sec. 16. Every person who shall violate any of the pro¬ 
visions of this act, or who shall be guilty of any corrupt 
practice, shall be fined not more than one thousand dollars, 
or imprisoned not more tt^n one year, or both, 
and, if he were a candidate for nomination or election, he 
shall be ineligible to any public office for the period of four 
years, provided, however, that this section shall not apply 
to violations of any of the provisions of sections 6, 7, or 9 
of this act. 

Any person who, whether officially or otherwise, donates 
or uses any money or other valuable thing belonging 
to a private corporation for political purposes or as director 
or stockholder votes for or sanctions such donation, shall 
be fined not more than one thousand dollars, or imprisoned 
not more that one year or both. 


15 


,The venue for prosecutions under this chapter shall be 
determined either by the place where the wrongful act was 
committed or by the residence of the accused as the pro¬ 
secuting officer may elect. 

Sec. 17. Sections 1694, 1695, as amended 1696, 1697, and 
1698 of the general statutes, and all acts and parts of acts 
inconsistent herewith, are hereby repealed, and all prosecu¬ 
tions and proceedings heretofore begun under the provi¬ 
sions of this act now amended may be continued and defend¬ 
ed to final effect. 


LIBRARY OF CONGRESS 



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